LMH v. HHS - DTaP, encephalopathy and sequela (2013)

Holly Helms, on behalf of her minor child LMH, filed a petition on September 29, 2011, alleging that LMH developed encephalopathy and sequela as a result of a Diptheria, Tetanus, Pertussis (DTaP) vaccination received on June 16, 2009. The respondent was the Secretary of Health and Human Services.

The Special Master, Nora Beth Dorsey, determined that the petitioner was not entitled to compensation due to insufficient proof and dismissed the case. A decision to this effect was filed on October 15, 2013.

Subsequently, on March 13, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner's counsel, Aaron R.

Dias of Richardson, Patrick, Westbrook & Brickman, LLC, and respondent's counsel, Alexis Babcock of the U.S. Department of Justice, agreed that petitioner's counsel was entitled to $16,882.02 in attorneys' fees and costs.

Special Master Dorsey granted this request, ordering a lump sum payment of $16,882.02, jointly payable to LMH and her attorney. The case was dismissed without an award for the alleged injury.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.